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area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />within the permit area. This determination is based on information provided by the <br />applicant which demonstrates that none of the land within the permit area has been <br />historically used as cropland (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post- mining land use of the operation. It was determined <br />that Undeveloped Land meets the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />16. As of this time the operator is current in the payment of reclamation fees required by 30 <br />CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />Roads - Rule 4.03 <br />A. Haul Roads <br />The Division has approved the retention of the haul road leading to the town of <br />Somerset's cemetery and water supply since it is compatible with the approved <br />postmining land use, and a request for its retention was submitted by the <br />landowner (4.03.1(1))f)(i)). <br />2. The Division has approved the location of a portion of the haul road in the <br />channel of an intermittent stream (Sanborn Creek) as depicted on Map No. <br />2.05 -M1 (4.03.1(2)(b)). <br />The Division has approved the location of a portion of the Elk Creek Haul <br />Road in the channel of Elk Creek, an ephemeral stream, as depicted on Map <br />No. 2.05 -M1 (4.03.1(2)(b)). <br />B. Access Roads <br />The Division has approved the location of a portion of the access road to the <br />lower Hubbard Creek facilities in the channel of a perennial stream as depicted <br />on Map No. 17, Section 2.05 of the permit application (4.03.2(2)(b)). This road <br />was constructed prior to 1977, and the culvert and associated fill across <br />17 <br />